201 Third St. NW, Suite 500
Albuquerque, NM 87102
June 19, 2019
Jazmine obtains summary reversal in her first appeal as lead appellate counsel in Carrillo v. Hernandez, No. A-1-CA-37821, mem. op. (N.M. Ct. App. June 19, 2019). The Court of Appeals reversed the district court's order changing primary physical custody of the parties' minor child from the mother to the father. The Court concluded that the district court failed to make sufficient findings to show that the district court considered the necessary statutory factors and that the mother's previous noncompliance with the district court's orders did not justify a modification of physical custody.
June 27 and July 11, 2019
Tim serves as a guest speaker for the during the students' visits to the New Mexico Court of Appeals.
September 13, 2019
The Appellate Practice Section of the State Bar of New Mexico holds its 30th Annual Appellate Practice Institute (API). Tim and Jazmine served on the API planning committee.
November 5, 2019
Tim presents an "Update on Appellate Cases" CLE to the Albuquerque Bar Association.
August 22, 2019
Atler Law Firm obtains reversal of summary judgment in Sanchez v. Lujan, No. A-1-CA-35721, mem. op. (N.M. Ct. App. Aug. 22, 2019). The Court of Appeals concluded that the district court failed to give the plaintiffs sufficient time to obtain discovery needed to respond to the motion for summary judgment.
October 7, 2019
Atler Law Firm obtains reversal of summary judgment in Sanchez v. Essentia Ins. Co., 2020-NMCA-009, 456 P.3d 1108. The Court of Appeals held that the defendant insurance companies failed to obtain a valid rejection of uninsured and underinsured motorist (UM/UIM) coverage from the plaintiff because they waited more than seven months to incorporate the rejection into the insurance policy.
April 23, 2020
Atler Law Firm successfully defends the City of Albuquerque in Rio Grande Foundation v. City of Albuquerque, New Mexico Second Judicial District Court No. D-202-CV-2020-02111. On March 16, 2020, the City Council held a meeting at which it passed Ordinance F/S O-20-4, which addressed emergency powers available to the City during a public health emergency. The meeting was broadcast on television and online, but the Council did not allow public, in-person attendance to limit the potential spread of the novel coronavirus.
The plaintiff alleged that the Council violated the New Mexico Open Meetings Act (OMA) by not allowing public, in-person attendance at the meeting and that the Ordinance infringes on constitutional rights. The City denied both claims and filed a motion to dismiss for lack of standing. The district court granted the City's motion to dismiss, concluding that the plaintiff failed to meet the statutory prerequisites for bringing an OMA claim and that the plaintiff failed to allege sufficient facts to establish an imminent or future risk of harm from the Ordinance. The district court's memorandum opinion can be accessed .
June 4, 2020
Atler Law Firm successfully defends the City of Albuquerque Environmental Health Department (EHD) on appeal in In re Envtl. Health Department's Petition to Adopt a New Regulation, No. A-1-CA-36883, mem. op. (N.M. Ct. App. June 4, 2020). The Albuquerque-Bernalillo County Air Quality Control Board (Air Board) had granted EHD's petition for adoption of new regulations that would eliminate the permitting requirements for most gas stations and emergency generators and allow qualified gas stations and emergency generators to apply for an “Air Quality Notification” instead. These changes would enable EHD to more efficiently regulate emissions from gas stations and emergency generators -- imposing the same effective and prescriptive requirements on them -- while freeing up EHD's resources to focus on larger and more impactful sources of emissions.
A private citizen appealed the Air Board's decision to grant EHD's petition, arguing that the decision was not supported by sufficient evidence and that it was contrary to the New Mexico Air Quality Control Act. The Court of Appeals rejected these arguments and affirmed the Air Board's decision in favor of EHD. The Court of Appeals' memorandum opinion can be found .